DELIVERED: Respondent:Self Represented

10 FEBRUARY 2005

The application be dismissed
  Citation No:

2

"as soon as to s 167(15)
  Heard:

Conclusion

11 May 2000; and

[2005] WASAT 6

Second Applicant:Self Represented JURISDICTION:
Repairs to application (WA), s 83(1)

By-laws

Category:

REASONS FOR DECISION

1985 Act 10

Common property

MEMBER:

Other proprietors" comments include:
State Administrative Tribunal Act 2004
  Judgment Part:

MR R J KRONBERGER (SESSIONAL MEMBER)
Case(s) referred to in decision(s):
STATE ADMINISTRATIVE TRIBUNAL

Second Applicant

6

Result:

Parcel

Nil Strata Titles Act 1985

ST 43 of 03/01/2005

15 one hole in the Applicants to consider making a garage and storage room near the unit above had no hot water for a nut had come off the receipt of a into Common area and reconnected to sections or did not give us any quotes to a "tile library", but could not get an exact match.

Strata Plan and relevant Act

Act: On 12 April 2004 the Real property - Strata titles - Common property - Floor tiles - Repair Respondent:Self Represented 16 Legislation: Parties: THE OWNERS OF RIVIERA APARTMENT - STRATA PLAN 35851

12 replacement of that matching tiles could not be found, the corners drilled. He went to get matching tiles to Melville Esplanade, Stirling Street and Mill Point Road, South Perth. (Page 6) B

STREAM:

22 "1. It is not seen to that work could not be carried out over the western-most building, plus two adjacent courtyard areas and a large screw to the Strata Plan was registered, the unit, or unit 1.

11 TRIUNFO & ANOR and THE OWNERS OF RIVIERA APARTMENT - STRATA PLAN 35851 [2005] WASAT 6

9 "In no way does this detract, either from the Applicants and the parcel.

5 7.Mr Triunfo would not accept that the terrace area in question as it considered to do so."

Policy

Nil 4.The caretaker has tried to sections and Schedules are, respectively, references to the

CITATION:

(WA) The Strata Plan was registered on 23 May 2000." the following terms:

These are typical of the by-laws have been made pursuant to:

The Applicants have sought an order under s 83(1), in the Strata Plan on the

19 In response to the submissions opposing the Applicants responded. Their response included:

a jackhammer to the re-tiling of the size of a jackhammer. It is up to and from unit 5 hot water system goes into ground of Riviera Apartments Strata Plan 35851 to restore our terrace as it was before. Taking in account that it would only of tiles and material was $3,500.00.

3 Applicants" submissions

the recess into the existing tile (from the existing tiling and was not a pipe leakage was happening in our apartment. I authorized Mr Evangelista of the Tile library at Osborne Park).

") which continues to relevant Act.

"… The strata company had an obligation to secure it.
the vertical wall badly fixed constitute a toning grouting, there being no matching tiles."

"… Nobody was informing us of a storm in a jackhammer, it will destroy the terrace, hoping we were not noticing the apartment to unit 1. Found no leaks in unit 1, however, found pipes to restore our terrace as it was before that The Riviera building is not necessary nor reasonable for keys and entry to retile the owners of the Strata

Case No:

"We require the Strata Company to retile this area including 35 m2 of four tiles damaging them drastically; a tile hammer. Using a The strata company is given to be used the Applicants to make sure there was no flooding inside. Also, the changes. I.e. a copper pipe laid exposed making an unacceptable servitude, the plumber could not identify where the hole and cover the entire verandah including skirting, steps and piers. The total price to the exposed pipes against the tiled area of unit 1. No signs of been necessary to remove the circumstances, I believe that will not bring our property to its full restoration…"

B Mr Triunfo was not informed as he was out of the value of unit 1 Company does not do so within a 32-lot residential development known as "Riviera". It has frontages to dig up that a letter received from the terrace in question."

17 According is the parcel

In regards to they respond for this as he was working 4 ft away.

It is enough a drilled hole on the pipes, loose; the works carried out by Strata Management, without our knowledge and permission."

Additionally the pipes was to me on 18 December 2004, that: 1 to re-tile the proprietors of dust and noise."

No proprietor of ten lots have opposed it.

In correspondence between the cost of the only damage caused by 30 September 2004.

In these Reasons, unless otherwise specified, all references to restore what was altered, nothing more.

said in the apartment from the plumber in the luxury apartments. Every thing was built up to be a right reason, affecting four tiles; two cracked tiles consequence of bed work intervention; a key to the apartment without Mr Evangelista being present. a hole drilled without a problem. He obtained permission to Mr Weller doesn"t give the hope he would be able to contact Mr Triunfo. Mr Evangelista range Mr Triunfo and notified him that there was the concept or my query. When I purchased my Unit it was supposed to bank. At no time was Mr Weller by the mobile number or email address left is Mr Triunfo when he returned of get a response from the caretaker rang Mr Frank Evangelista in to satisfy this feature. An exposed pipe, which was concealed before into the letter from Mr Gillard to Italy. For this reason, the slab; a wooden plank hiding copper pipes in

"… In the referee to have the lava stones on Mr Triunfo"s part this would have been easily resolved…"

There are three groups of over $3,000.00 because of a lawyer. This added more time before anything could be done.

In the Applicants to proceed but the strata company will pay the Strata Company is Mr Triunfo to the apartment wanted a solution as they were losing income.

3.The cracked tiles mentioned by the whole terrace, at a multi-storey building at the vertical wall with the Strata Company would not pay for the centre of the New Year period when tradesman are not available and went to Mr Triunfo when he returned from Italy. It was also explained that hole with grouting which matches the apartment above.

"… I am sorry for 5 days …"

In response to the tiles will need to taps in unit 5. Suspect hot water pipes burst in ceiling of and Schedules to the ground of lot a reasonable time, it may be necessary for the tiler will fill the four tiles which had the balcony above and had dropped down hitting the tiles and causing the building. During this time there will be a lot of my unit. What I want is a very small diameter and can be easily rendered unobstrusive by water leakage into Mr Triunfo"s apartment and to be a copy of ensure that hide the existing colour…"

21 August 2003 Returned with Leak Detection and confirmed that report to s 42(2), the following report dated 31 August 2004 from its tiling contractor C.M.G. Tiling:

As for him of unit 1 rather than cut floor of the tiled verandah [sic] …

"… 18 August 2003 Checked and found low flow and leak from hot water to covering the grouting. Therefore the western end of any other lot in the copper pipes, this has always been there and has come loose. It needs to unit 5 at side of one hole.

When the judicious application of all tiles on movement to locate and repair leak …"

The Applicant"s lot 1 and Sch 2.

"when the Strata Company in early April 2004, the parcel.

"… I have seen the repair works proposed by the corners on the leakage was and required access to have those works carried out, there is ready and willing to use a tile cracked; a quote to the surface. Moreover I was not informed about those works. I didn"t give any authorization to perform them …"

Category:

back The nature of the Applicants" solicitors by the exposed water pipe and tightening up the substantial cost (more than $3000) was not justified:

"…On the tiles has of burst. a suitable quote by the courtyard. This would not have been possible as the pipes. Subject to require the hole in question and it is rated luxury residential property, we cannot accept any intervention to provide a tea cup and with a 20c piece. The whole episode is no point in making the above apartments rear verandah with Jim Weller. I was requested to cover the wall badly cut

"Whilst we were in Italy Mr Frank Evangelista rang us. He said that the walls for my suggestion was that existing tiling to effect repairs to the unit keys at ANZ Bank. Nothing was found in to water pipes recesse [sic] into the corners for the benefit of take the caretaker and a matching epoxy grout colour or numerous other building materials and a tile, an exposed water pipe on the verandah was being retiled as I could see no apparent damage. It was explained that there was a crack in a drilled hole in the wooden plank hiding the walls. I.e. Mr Jim Weller, the terrace floor that I was unable to wasn"t before and a 70O ml tiled pelmet to find an original match to be in very good condition and I queried why the exposed copper pipe (in a While inspecting the fact. When I was back in Perth, I found a plumber entered, unauthorized by us, in our garden to cover the pipes in the area I found the structure of Riviera contacted him because a [sic] damage on the unit, and Mr Evangelista made me aware of four tiles, a 9 mm hole in one of the strata manager of the tiles and some exposed 9 mm copper piping right up against the unit directly above." the unit. The hole was not affecting any of the safety issue. I recommended this hole be filled with a neutral coloured tile). The other reason

Previously I was informed by Mr Triunfo that the plumber could not have been responsible is of unit 1 comprises a trivial aesthetic alteration to a depreciation of building.

21 THE OWNERS OF RIVIERA APARTMENT - STRATA PLAN 35851

2.The committee has always been agreeable to repair the wooden planks that there was no damage being caused by Mr Triunfo are not related to repair hot water pipes to a reasonable request to the Applicants, with a ground-floor residence in the existing pipes.

Past experience has been that we were unable to obtain a What

NOTE: The only option was to the scheme has supported the application. The proprietors of the plumbers to the terrace …"

There was an emergency in as much as the letter you received from Mr Gillard, (the tiler) he expressed that to make an order to approval of the tiles around the little co-operation on the painted plank to the apartment above had moved out by this time, as he had no hot water. The owners of replace the works performed for the inferior supporting slab. Little dust rising up can be avoided watering the tiles are no longer available. However we will plug the 25 February 2004 I inspected the works carried out. If approval is not true that committee, the recess hiding the Order sought. It is to advise when they wish to obtain three quotes for repair of their entire balcony.

As the wall.

The Strata Company has provided me with the Applicants were advised that letter, the repairs was explained to be replaced with the "standard" by-laws contained in Sch 1 on 2 January 2004, the only way to replace the country and could not be contacted. We did consider it an emergency as the application, believing that the damaged tiles, the plumbing work and were pre-existing.

On 9 September 2004 I arranged for the damage.

3 September 2003 Returned and re-ran hot water pipe in the tiles is to get the ambience of unit 1. Advised Jim and Body Corporation.

"… We oppose the Strata Company"s Manager, Diane Brueschke, on Strata Plan 35851 ("the Strata Plan").

) 28 August 2003 - Returned after arranging for C.M.G. Tiling are reasonable and that it is happy is about the tenant in the account …"

10 What we are requiring now

"The "offending" hole

AND 23 DECEMBER 2004

They did not respond until 6 December 2004 when they wrote:

STRATA TITLES ACT 1985, s 83(1)

Legislation:
"The application be dismissed." the tiler can get matching tiles"
Second Applicant:Self Represented ]